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Legal Separation and Pension Rights

  • 13-03-2015 3:01pm
    #1
    Mayo Ms
    Registered Users, Registered Users 2 Posts: 1 ✭


    My brother has a legal separation but at the time it was drawn up (7 years) there was no official agreement as to division of his pension. He has now retired and has been paying his ex wife 50% of his pension for the past few years. Her solicitor never sought a pension Adjustment Order so the full pension is paid to him every month and he transfers the amount to her bank account. She has now met a new partner and he has moved in with her (he is fully employed). Does my brother have to continue paying her 50% of his pension or should he go to court to get a ruling on it? I don't see how he can end up worse off but she is a vindictive person and he is loathe to rock the boat. Anyone been in this situation? Any advice would be welcome.


Comments

  • #2
    Ken.
    Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    Check out section 10 here. Its a pdf. http://www.pensionsauthority.ie/en/Publications/Information_Booklets/A_brief_guide_to_the_pension_provisions_of_the_Family_Law_Acts111.pdf

    10.What if the non-member spouse remarries?
    The Court will not make a pension adjustment order if the spouse who applies for
    it has remarried.
    If a pension adjustment order in relation to retirement benefits is made, this will
    be unaffected by a subsequent change in marital status of either spouse.
    On the other hand, a pension adjustment order in relation to contingent benefits
    ceases to have effect in relation to the non-member spouse in the event of his/her
    remarriage. In this eventuality the order may, however, continue to apply to others

    I'd advise your brother to see a solicitor.


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